INDIANAPOLIS — The five-year effort of state Sen. Ed Charbonneau, R-Valparaiso, to deny parental rights to rapists if their crimes result in the birth of a child is moving closer to becoming Indiana law.
The Senate Judiciary Committee voted 9-0 Wednesday to advance House Bill 1064 to the full chamber. A Senate vote to send the measure to Republican Gov. Mike Pence for his signature or veto could come as soon as next week.
The legislation, which passed the House 92-0, creates a process to terminate the parental rights of an alleged rapist who fathers a child with the victim, even if the perpetrator is not convicted of a criminal rape charge.
Under the plan, co-sponsored by state Rep. Hal Slager, R-Schererville, a rape victim who gives birth to her attacker's child can request a civil court judge terminate the rapist's parental rights if the judge finds "clear and convincing evidence" of rape, a lower standard than "beyond a reasonable doubt" required in criminal cases.
The request to terminate parental rights would have to be filed within six months of a rape victim's giving birth. If the victim is younger than 18 years old, the victim would have two years to seek termination after turning 18.
Similar proposals failed to become law in prior years due to concerns that the process for terminating parental rights was potentially unfair. Many of those issues were resolved in October through the work of a legislative study committee.
Charbonneau said it is unconscionable that rapists in Indiana can continue inflicting pain on their victims or bargain for shorter prison sentences by demanding child custody or visitation.
